New Delhi: Even after the Supreme Court has decriminalised adultery and homosexuality in separate judgements, the Indian Army on Thursday said it will continue to treat these issues as "punishable offences".
"The issues of adultery and homosexuality will continue to remain offenses in the force to maintain its discipline," a top Army official said.
The Army does not have any specific acts which deal with the issue of adultery and homosexuality but tries its personnel for unbecoming conduct under Army Act 45 if they are found indulging in such acts.
The Army has also approached the Defence Ministry to take the matter to the Supreme Court where it wants to get exemptions from the apex court.
They said keeping the actions punishable would act as a deterrent, failing which there would be severe discipline issues and create a command and control problem.
The Army is in a "legal dilemma" over a 2018 Supreme Court order decriminalising adultery and homosexuality and could approach the court to seek a waiver from the law because it feels "what is legal may not be ethical".
The Army's outgoing Adjutant General Lt Gen. Ashwani Kumar clarified that the force cannot allow such activities as these were detrimental to the order and discipline in the force.
Asked about the tough action against officers indulging in cases of Moral turpitude and corruption, he said such offenses cannot be accepted in the force.
Lt Gen Kumar said when he took over as the Adjutant General in 2017, the Army Chief had instructed him at least five to six officers and personnel indulging in such activities must go home.
"Today I can tell you that the number of people who have gone back home Is more than that," he said.
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